The Statute: North Dakota Century Code 12.1-31-03.1
12.1-31-03.1. Vending machines prohibited.
- A person is guilty of an offense if they:
- Own, operate, or allow the operation of vending machines dispensing tobacco products, electronic smoking devices, or alternative nicotine products.
- Exceptions include:
- Vending machines located in establishments where individuals under twenty-one years of age are not permitted.
- Violations of this statute are classified as infractions.
Overview of the Prohibition
North Dakota law prohibits the use of vending machines to sell tobacco products, electronic smoking devices, or alternative nicotine products, except in restricted-access locations. This regulation aims to prevent underage individuals from easily accessing these products, supporting public health initiatives.
Key Elements of the Offense
- Operation of Vending Machines: Prohibition applies to vending machines dispensing restricted products.
- Location Restrictions: Machines may operate only in locations where individuals under twenty-one years of age are not allowed.
- Knowledge Requirement: Operators must knowingly allow vending machines to dispense restricted products in prohibited areas.
Penalties for Violations
Infractions
| Penalty Category | Details |
|---|---|
| Maximum Fine | $1,000 |
| Court Administration Fees | $125 |
| Criminal Record Impact | Infractions may be recorded but do not result in incarceration |
Real-Life Examples of Violations
- Unrestricted Access: A vending machine dispensing cigarettes is placed in a convenience store accessible to minors.
- Improper Monitoring: An establishment permits a vending machine but fails to enforce restricted access, allowing underage purchases.
- Unauthorized Locations: A vending machine selling nicotine products is located in a family-friendly restaurant.
Defenses Against Charges
Restricted-Access Location Compliance
If the vending machine operates exclusively in a location where individuals under twenty-one are prohibited, this can serve as a valid defense. Evidence of access controls, such as ID checks or signage, supports this argument.
Lack of Knowledge
To establish a violation, the prosecution must prove the operator knowingly permitted the vending machine to dispense restricted products. Operators can argue they were unaware of the machine’s placement or operations.
Removal Upon Notification
If the vending machine was promptly removed or access restricted upon discovering the violation, the court may consider this in mitigation.
Procedural Violations
Improper enforcement procedures, such as failure to provide adequate notice or documentation of the violation, can lead to dismissal of charges.
How a Lawyer Can Help
An attorney can assist with vending machine prohibition charges by:
- Reviewing Evidence: Identifying weaknesses in the prosecution’s case, such as lack of intent or compliance with location restrictions.
- Developing Defenses: Tailoring arguments based on statutory exceptions and mitigating circumstances.
- Negotiating Outcomes: Seeking reduced fines or alternative resolutions.
- Representing in Court: Advocating for the operator’s rights during hearings or trials.
Frequently Asked Questions
What products are covered by this law?
The statute includes tobacco products, electronic smoking devices, and alternative nicotine products.
Where are vending machines allowed under this law?
Vending machines may operate only in establishments where individuals under twenty-one years of age are not permitted, such as certain bars or adult-only venues.
What are the penalties for violating this law?
Violations are classified as infractions, punishable by fines of up to $1,000 and associated court administration fees.
How can I ensure compliance with this law?
Ensure vending machines are placed only in restricted-access locations and establish protocols to verify access controls.
Can I be charged if I didn’t know the machine was in a prohibited location?
Lack of knowledge may be a valid defense if you can demonstrate no intent or awareness of the violation.
Are there exceptions for private events?
The statute does not specify exceptions for private events. Consult an attorney for guidance on specific scenarios.
What should I do if I receive a citation under this statute?
Consult an attorney to review the charges, gather evidence of compliance, and develop a defense strategy.
Are minors liable for using vending machines in violation of this law?
The statute addresses operators and owners of vending machines, not minors. However, other laws may apply to underage possession or use.
Can fines be reduced for first-time offenders?
Courts may consider mitigating factors, such as lack of prior violations or prompt corrective action, when determining penalties.
How can I challenge a fine for noncompliance?
You can present evidence of compliance, lack of knowledge, or procedural errors to dispute the charge.
Are there penalties for repeated violations?
Repeat violations may result in increased fines, loss of business licenses, or other regulatory actions.
Can vending machines sell nicotine cessation products?
No. The statute specifically addresses tobacco products, electronic smoking devices, and alternative nicotine products, not cessation aids approved by the FDA.
Is there a grace period for removing noncompliant vending machines?
The statute does not specify a grace period. Prompt action upon notification is recommended to avoid penalties.
What constitutes restricted access?
Restricted access includes measures such as ID checks, signage, or physical barriers ensuring only eligible individuals can use the vending machine.
Can I be fined if a vending machine is placed in my establishment without my knowledge?
Lack of knowledge may serve as a defense. Demonstrating prompt removal upon discovery can mitigate penalties.
How can I document compliance?
Maintain records of restricted-access measures, employee training, and regular inspections to demonstrate compliance with the law.
Are electronic monitoring systems required for vending machines?
While not required, electronic monitoring systems can enhance compliance by restricting unauthorized access.
What role do law enforcement agencies play in enforcement?
Law enforcement agencies investigate complaints, conduct inspections, and issue citations for violations of this statute.
Why is legal representation important?
An attorney ensures your rights are protected, provides strategic defenses, and works to minimize the impact of penalties on your business.